domingo, 3 de julho de 2011

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"Salvation Army," was the answer. "What do you do?" asked the man. "We save wicked men and women," came the reply. "Okay, save me a wicked woman for Saturday night."

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SunnySurya

08-05 02:00 PM

Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

Oh my gosh..This much argument. I do not know the PD porting is law or rule. If it is law, one can not file suit against the amended law. But one can request the law maker to change. If it is a rule, one may do that. But it does not have any merit. It is waste of time.

PD porting, in theory, is very genuine. (may be not-genuine in many cases; just to cut-short the line or line jump by creating a EB2 job) So, one cannot challagne that. Here is why. A cook may have a PD 2001 in EB3. He has right to study PhD and apply in EB1 catagory, by poring PD. There is no violation of ehics here.

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abracadabra102

01-02 11:39 AM

Non-state actors are mentioned a lot here. Who are these non-state actors and who is responsible for acts of these non-state actors? If a few Pakistani citizens cross over and strike Indian cities at random and disappear back into Pakistan, what are India's options? Just to pray that in some 30-50 years into future all Pakistani terrorists will somehow realize their folly and turn into saints?

We are also missing the elephant in the room. India has 150 million muslims and we have our share of Hindu fundamentalists. These Hindu fundamentalist groups have been trying for a long time to equate terrorism to Islam (targeting Indian muslims) and Indian public at large rejected this notion so far (rightly so) and that may change in future and it may not be long before a Narendra Modi becomes Prime Minister. It will be a shame if a few terrorists destroyed that very tenet of India - "Unity in Diversity".

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brshankar

08-06 10:24 AM

Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?

My case is intent-to-hire for 485, so my attorney just took 3 paystubs and 1 w2 for filing. Is that ok?

It is a common thing that attornies ask for.

1) it doesn't help in ability to pay for i-140 unless you are working with the company.

2) it hurts more then helps and you have to be really careful in future base cases by showing current financial information.

If in your current job; you are making $100,000 but the job offer or labor cert from 140 employer is for $70,000 then it doesn't look reasonable and they will assess your intention of why you would take such a job offer. (note: i saw this in a denial decision; it wasn't primary reason for denial; uscis just pointed it out to sort of say that they know what the person/company is trying to do).

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Ramba

08-05 02:28 PM

Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first. Whether EB1 is presently retrogressed or not doesn't matter. Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category. Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it.

I don't think the issue is that simple. The whole thing just surfaced another screw-up of the system. The actions taken by all the agencies certainly made things worse.

DoS suddenly interpretted laws differently than before. This just like the PERM, BEC, and last July episode. They took actions without considering people already in line. Those with good faith waiting in line have been constantly pushed around. How many people experienced being stuck in BEC while PERM approves new application like crazy? Who is accountable for all of these? They can't do things willy nilly any more. Someone mentioned lawsuit since DoS either interpret the law wrong now or in the past.

Needless to say that the distincation between EB2 and EB3 has become so meaniningless now. How many positions really satisfy the EB2 requirements? From what I heard that most people just try to get around the system to get an EB2. One of the persons who filed EB2 told me that a high school graduate would probably be able to work in that position too.

Just my observation.

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paskal

07-14 04:57 PM

if people have to debate this issue, surely we can do it without needless slander and accusations?

i agree with GC applicant, words like that do not sound right and have no place here please.

btw when the vertical spillover started, there was alot of angst, these last two years all retrogressed categories except EB3 ROW have suffered. so that is not true either. except that there was frankly nothing we could do about it. there were long debates similar to the current ones- then they were between Eb2I and EB3 ROW and no conclusion was reached of course, and nothing changed by screaming at each other. finally USCIS as stated by them, has taken counsel about that "change" they made and concluded that they made an error in interpretation. what they have actually done now is rolled back a change they previosuly made.

i also want to say to all the EB2 I crowd here- all this chest thumping is pointless. EB2 I will go back, a lot, this is just a temporary flood gate to use the remaining Gc numbers for the year. meanwhile, the plight of EB3I is truly bad. lets please keep working on the recapture/exemption/ country quota bill trio that would incraese available Gc numbers- for ALL our sakes.

Comments like heartburn ,jealousy over friends in EB2 does not sound right.There are my friends who have learnt from my mistake.

Its neither appropriate to exclaim like this.Whateverthe case may be it is ofcourse injustice to EB3.

Your reactions for the frustrations of EB3 is really the worst part you are doing for your own community.

Why were you silent when EB3 Row were receiving ? Did you know at that time the vertical and horizontal interpretations.Bringing out the problem when its over is of no use either.

You/lawyer/employer may have forgotten to shred the extra/unwanted documents. Someone may have got hold of them.

Google 'identity theft' and you will be surprised.

Do not answer anyone unless you check. Ask for a call back number. Find the name , badge number. ask them to send you an email with a legit id and you will call back.

You should anyways never talk alone to such people even if they are real. Ask them to talk to your lawyer. If they ask you his number, tell them to find from the application.

Basically never give any information on the phone.

Easier said than done :-) Well a lot of us are waiting anxiously for some activity on the USCIS side regarding our petitions and suddenly you get a call!!! Wow, I am sure a lot of us would panic and give out exactly what they want. Now whether immigration officials are permitted to make calls? who knows? But honestly we are in a screw either way. What is the official is genuinely trying to help and we start asking him.. Give me your number and let me call back. what if he/she is ofended (most often that can happen). On the other hand if as you said, if it happens to be a ID theif/crook, if you give him all that he wants :-( Why dont we prepare ourselves for such events:--- when you get a call from Immigration--- 1) Dont loose your cool 2) be very polite and ask politely "Sir / madam, may I obtain a phone number that I can call back and I will do that immediately or at your convenience. I have waited long and would provide you with all the details that you require on calling back. Any "English" experts, please contribute to better way of answering the "Unexpected" phone calls from immigration dept. We should be prepared to not loose their initiative (that little angel that rests deep within any persons heart).

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sanju

04-07 01:54 PM

I am talking about using a different standard for defining R&D. A standard similar to the one used for determining the R&D tax credit. A whole lot of companies other than pure research institutes are eligible for R&D tax credits. And there appears to be broad support for such a definition of R&D.

Let me guess, you work at a R&D facility, right? May be, looking for the best way to fit in your individual situation. No offense meant, however, I would request IV and its membership to have a bigger perspective in dealing whit this bill. Otherwise, 500,000 people will be systematically purged from US. And that includes most people waiting for their green cards.

what is your point duuude when you say "Let�s say you have a small kid and you are living in an apartment, after 10 years you save enough money to buy a big house and you then eventually you buy it. Then you ask the your kid �do you like the house?�. He will reply �it�s very nice dad, but can you give you give my childhood now?.� do you mean to say all those who are renting will buy after 10 years or do you mean to say that children who grow up in rented house or appt ..don't have a childhood ?? as it was mentioned in earlier posts ..there is a greater chance that your son / daughter will find a likeminded play friend in a good apartment complex then in a subdivision of houses.

You will never learn. Anyways, if you read my earlier posts you would know that I have said that people who most people who live in apartments would be having valid reasons. I have also said that if I were in CA. I would be living in an apartment too. I am never against renting or living in an apartment, but I am against renting when it makes perfect sense to buy and when the time is right (which of course is NOT NOW).

My counter arguments are for people who were scaring people into not buying a house when things are conducive for them. Note, when I say conducive it means all things considered as in the time is right, they have a good job, have found a very good deal in a location having a very good school and they have found something which has an extra room when their elderly parents visit them.

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Ramba

08-05 02:28 PM

Good points, but let me put a counter argument. Two people , one is named SunnySurya and the other is named Mr XYZ. Both came to the USA at the same time in 1999. The difference was SunnySurya came here for his masters and the other guy came here through shady means.

Mr XYZ was able to file his green card in 2002 in EB3 category based on his shady arrangements with his employer, whereas Mr SunnySurya continued to do right and socially acceptable things i.e. studied, got a job and then after several years this big company filled his green card in EB2 category in 2006.

On the other hand after strugling for several years Mr. XYZ has collected enough years on his resume to be elligible for EB2. Now he want to port his PD

SunnySurya's PD is 2006 and Mr. XYZ PD is 2002. Now if Mr. XYZ want to stand in EB2 line, I wonder what problems SunnySurya can have???:confused:

Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

However; there are many things that uscis asks for that they are hinging on the grayest of gray areas to get at other things.

Examples:

You don't need to submit tax returns with 485. However, they ask in RFE sometimes. Why do they do that?

USCIS asks for photos of office in h-1b rfe's. There is nothing in the law/regulations stating they are supposed to ask for it.

There is many examples where uscis/dos ask for things that are not required in the law/regulations. However; a lot of these types of evidence they ask for is for "intent", looking for inconsistencies, trying to look at the resonability of information...

Long back when I used to just read memos/laws; it looked pretty straightforward. However; uscis uses the grayest of gray areas to their benefit, not your's.

Department of state for every visa except h and L assume by default that a person has intention of immigrating. The onus is on us to show that we are not going to do that. Unfortunately, uscis is turning the same way in adjudicating of benefits. They seem to think that everyone is playing with the system and they in turn are becoming very difficult. I agree...with UN..however ...their laggardness in turn is also playing with the system...unfortunately...there is no one to take them to task... Only when they managed something like July VB fiasco ...did it raise eyebrows.

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xyzgc

12-30 02:23 AM

I think you missed my point. Which was that the 'solution' that Mr rinku1112 was suggesting, destabilizing Pakistan by funding dissident groups, is something that Pakistan already suspects India is doing. And there might be some truth to it. So, then, Pakistan would want to fund groups that would try to destabilize India. Thats the vicious cycle.

It might be true, it might not be. Its only reactionary if its at all true and a very subdued reaction that is. If India was Israel in its attitude and what it is in its size, you wouldn't have seen the vicious circle that you think you see. It would have been all over by now - without all the intellectual sparring and head-banging that go on, on these immigration forums. Pakistani terrorism would have been a moot point - a non-issue.

The summary document says that Whistleblower protection does not protect immigration status. So the current language of "Whistleblower protection" has much new to offer because Whistleblower protection is already part of the federal law (outside of immigration act). Here is some info: http://www.dol.gov/compliance/guide/whistle.htm http://en.wikipedia.org/wiki/Whistleblower

Yeah right.... If the whistleblower protection does not protect the non-immigrant status, nobody would blow THAT whistle, would they ?? I am amazed by the kind of circular logic these people concoct....

WASHINGTON -- It's a painful irony for Democrats: In the space of a year, the Iraq war that was the source of party's resurgence in Congress became the measure of its impotence.

By the end of the 2007, a Congress controlled by Democrats for the first time since 1994 had an approval rating of only 25 percent, down from 40 percent last spring. Then the debate over the war split the party and cast shadows over other issues, spawning a series of legislative failures and losing confrontations with President Bush.

What to do about Iraq has turned into a dissing match so far-reaching and nasty that Congress's accomplishments are seen, even by some who run it, through the lens of their failure to override Bush and start bringing the troops home.

"There is no question that the war in Iraq has eclipsed much of what we have done," House Speaker Nancy Pelosi told reporters. "If you asked me in a phone call, as ardent a Democrat as I am, I would disapprove of Congress as well."

It's not as if the new Democrat-controlled Congress did nothing during 2007.

It gave the nation's lowest paid workers their first raise in a decade, raising the minimum wage from $5.15 to $5.85 an hour in July. It will rise to $7.25 an hour in 2009.

Congress also cut in half the interest rates on federal student loans and boosted annual Pell grants for post high-school education by $260 to $4,310 in July, rising to $5,400 for the 2012-2013 school year. Bush signed the bill after initially threatening to veto it.

And just before Congress turned out the lights for the year on Dec. 19, Bush signed into law a sweeping new energy policy that requires automakers to achieve an industrywide average fuel efficiency for cars, SUVs and small trucks of 35 miles per gallon by 2020, a 40 percent jump. Some analysts said the new law will render gas guzzlers relics of the past and make farmers rivals of oil companies in producing motor fuels.

"All of us deserve credit for getting some things done," Bush said in his year-end news conference, insisting that he doesn't keep score.

But on the eve of an election year with the presidency and control of Congress at stake, many others do.

In the year's firmest push-back against the Bush administration, Congress for the first time overrode one of Bush's vetoes, on a $23 billion bill for restoring hurricane-ravaged wetlands along the Gulf Coast and other water projects. The president had protested it was filled with unnecessary projects, but 34 Senate Republicans defied him.

Democrats scored other political victories as well. Most significantly, a Democrat-led investigation revealed a troubled Justice Department and forced Alberto Gonzales, a longtime presidential friend, from the attorney general's office. Democrats also played a big role in selecting his successor, Michael Mukasey.

But the story of Congress in 2007 is more about what it failed to accomplish during a war that the public opposes and that Democrats had vowed _ but did not _ to end.

On that, they found themselves repeatedly outmaneuvered, unable to break bill-killing GOP filibusters with 60 votes in a Senate where Democrats held only what effectively is a 51-49 majority.

Plans to expand health care for 10 million children stalled. And a fragile compromise put together by Bush and liberal Democrats to provide a path to citizenship for millions of immigrants buckled with only lukewarm support from all sides.

Perhaps the most bitter pill came toward the end of the year. Democrats were forced to acknowledge that the decrease in violence in Iraq might mean that Bush's much-criticized surge buildup of troops was working.

Simultaneously, they found themselves on the defensive against Republican charges that they squandered time on the war that could have been spent getting agency budgets passed on time. As usual, what has become an annual fix to the tax code to save 20 million families an average $2,000 in extra taxes was put off until the final days before Christmas.

Republicans suggested Democrats could have accomplished big reforms on Social Security and immigration _ or even just speedy passage of the federal budget _ had it been in their election-year interests.

"I just don't think the new majority wanted to do anything significant," said Senate Republican Leader Mitch McConnell of Kentucky.

By most accounts, the window for accomplishing broad new reforms was quickly closing as the nation's political machinery rumbled into position for the 2008 presidential and congressional elections. On the ballot will be all 435 House seats and 35 of the 100 seats in the Senate.

At stake is a wider Democratic majority, big enough to govern. A cascade of retirements by Republicans in the Senate made that goal achievable. Democrats hoped gain seats in the House, as well.

So they labored to tout what they had accomplished in the majority. They suggested that what failed this year might pass with more Democrats elected next year.

Bush has signed into law other initiatives of the Democratic-led Congress, such as $3 billion in funding for Louisiana's Road Home program to rebuild housing stock destroyed by Hurricane Katrina.

Procedural and institutional reforms became law as well, such as changes in ethics and lobbying rules.

Behind the scenes, Democrats and their aides debated which fights to pick next year with a lame duck president. Most likely, they said: the children's health care bill.

Immigration reform, however, appears dead until the new Congress takes its seats in 2009.

willwin - What we are essentially saying is to artificially retrogress EB2 than it otherwise would have so that an EB3 who is waiting for 7 years gets his GC first - thats really what the spillover break up will do. Similarly an argument can be made to artificially retrogress EB1 so that an EB2 who is waiting for 4 years gets his GC first. Whether EB1 is presently retrogressed or not doesn't matter. Let's think about this for a moment. We are trying to completely negate the category preference established by law and asking them to grant GC's based solely on PD regardless of category. Ain't gonna happen - dont want to be a pessimist but at some point we have to call it as we see it. Agreed.....the categories were made for a reasson.....and the same logic is being followed by the DOS to spillover unused VISAS. While I understand the frustration of EB3 folks, I would encourage those same folks to folllow IVs initiatives like - call campaigns for House bills...etc. As I have said before IV is working for one and all...w/o caring for their categories. It was not IV that created this spillover policy...however IV is the one that will fight for you irrespective of whether you are EB1, 2 or 3. The key is to post a united front and some level of participation from every member...I was sad to see Pappu publish low numbers for contributions and phone calls....and only wish we would come together as a group rather than breaking apart. While I fear this will create an offshoot EB3 group within IV, I hope that goos senses will prevail.

FYI - EB2 is still retrogressed over 2 years.....it is not that it is current

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ss1026

12-20 03:32 PM

I was saddened and anguised with the terrrorist attacks that happened in Mumbai. I hope India follows up on its tough talk and goes after the perpetrators, no matter their affliation or the consequences. That was a provocation and I would love to see LeT or anyone else responsible to pay for it.

But It is sad to see 'educated individuals' channeling their anger to demonize muslims who are equally upset with the Mumbai incident. Just like any religion/race, there are extreme elements among muslims. But this guilt-by-association should not have any place in modern society though sadly it does. There have been subtle and some not-so-subtle attempts on IV to protray all muslims as terrorists or all terrorists as muslim.

I agree that there are a lot of current terrorist activities that can be attributed to muslims and I condemn them. But Indian muslims have stood up against this latest incident. They are asked to wear their allegiance on the sleeve as if they are in some way responsible for this heinous crime. There are numerous examples of non-muslims who are terrorists but in my view that does not render the whole community as such. The gujarat genocide, the attacks on christians in Orissa and other parts are led by the VHP/RSS but the right wing marketing blitz has been so effective, a lot of people have defended this as a reaction. That is exactly the kind of excuse the LeT or any other terrorist organization would make.

Why is it so hard to say - Lets punish the guilty irrespective of their name or religion. Lets have a transparent Criminal justice system. Lets investigate any crime before guilty verdict is pronounced. That would render ineffective any propaganda that extremists use to recruit new members. Most of the people in this forum live in America and the law of this country would be in my view a good example of punishing the guilty irrespective of who and where they come from.

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jkays94

06-01 01:13 PM

I'm confused in the first place, How a public telivision channel like CNN allows to air this show.

The problem is most often the information and numbers given on this show are not actual facts and often exaggerated and misleading. The info looks most likely derived from FAIR or NumbersUSA or Heritage foundation or one of their associates.

The reasons can be summed up simply as ratings and the revenue defined from high ratings. CNN is taking a beating from Fox and has decided to adopt an ultra conservative agenda. At the end of the day if being pro-immigrant would improve ratings for CNN such that it would beat Fox News ratings, I am willing to bet that CNN would make a turn around and sing praises in honor of immigrants. See my next post for how low CNN is willing to go in associating with anti-immigrant groups to the extent of propagating myths.

mariner5555

04-14 04:41 PM

but most of the people that I know of, who have very young kids ( 1 - 5/6 year olds) ..buying a house was a right decision. (and common sense says the same thing). I know people who bought townhouses, not big houses (thus paying mortgage which is slightly more than the apartment rents). They are not slogging extra and they are having single income. I keep re-iterating that what I meant is when things are conducive and situation is right. I do not know which part of that you do not understand. I said there are exceptions ..which part of that you don't understand !! since you are resting yr case ..I won't drag this more.

unitednations

03-24 02:39 PM

UN - why do you think USCIS allows

(1) File for h1b from consulting company - when they think there is an issue (2) Allow labor substitution - when they think it is not good (3) Allow eb3 to eb2 porting - when they think it is not good .... .... ....

the list can go on

Why do you think people who are following law - not liked by USCIS?

I am not blaming USCIS or not poking at them or your interpretation.

I personally see that if you are not properly represented either by company or my a good Attorney - you are bound to have issues.

Right now USCIS is giving everyone a hard time.

I didn't even think that getting rid of labor substitution was a good thing. Much of the issues related to labor substgitution had to do with IT jobs. Although IT jobs take up a good number of greencards; it impacted other companies/people who weren't doing anything wrong with it. It was a first step in making eb harder.

I am a pretty good advocate of the staffing companies. Kill staffing companies and h-1b and employment base greencard is finished for people from india. I don't think many people realize the implications of what is going on. Staffing companies are the lifeline for employment base IT and for nurses. Thre would be no more retrogressoin as people wouldn't be able to come here. All the people who are here in so called permanent jobs will also eventually get squeezed (laid off; company mergers; promotions; more rules like tarp, etc., and they will eventually also stop doing greencards except for the most senior of senior people).